Using Exceptions to the Territoriality Principle in Turkish Trademark Law to Protect Foreign Trademarks Not Registered or Used in Turkey
I. INTRODUCTION The impact of intellectual property rights, in particular trademarks, on the global economy is significant because rapidly developing information technologies have transformed the world into a borderless environment. Trademarks have spurred a growing trust in brand recognition and loyalty among consumers that has, in parallel, propelled the growth in trademark value and the ensuing need for stronger trademark protection among trademark owners. Following the… »
Likelihood of Association Between Bull Device Mark and RED BULL Marks
In a dispute involving the RED BULL mark, the Turkish Patent Institute (TPI) has provided guidance on how it will interpret the likelihood of association between a trademark application and an earlier trademark. In December 2009 Kamal Khanbabaei General Trading Co LLC filed an application for the registration of the figurative trademark BULZAI ENERGY DRINK for “energy drinks” in Class 32 of the Nice Clasification: Red Bull GmbH filed an opposition against the application… »
Overview of IPR Policy, Legislation and Enforcement
Policy Turkey is fully aware of the fact that an effective IPR system is the fundamental of a productive welfare society and a vital factor in enhancing Turkey’s competitive powers in the international trade. With this objective awareness and effective protection of IP rights has become one of the substantial policies of Turkey. IPR Legislations Finalised in June 1995 with the coming into force of the various decree laws regulating IP rights Turkey aligned its domestic laws… »
IP Court Confirms Principle of ‘Trademark Series’
The Ankara Second IP Court has confirmed the principle that, in order to benefit from the principle of ‘trademark series’, not only must the trademark owner own a prior trademark, but the new application must not violate the trademark of a third party and/or create a likelihood of confusion with another trademark (Case 2010/102E – 2011/8K, January 13 2011). The principle of ‘trademark series’ was recently established by the Court of Appeal: according to this principle, the… »
IP Court Confirms Principle of 'Trademark Series'
The Ankara Second IP Court has confirmed the principle that, in order to benefit from the principle of 'trademark series', not only must the trademark owner own a prior trademark, but the new application must not violate the trademark of a third party and/or create a likelihood of confusion with another trademark (Case 2010/102E - 2011/8K, January 13 2011). The principle of 'trademark series' was recently established by the Court of Appeal: according to this principle, the… »
Patent Institute Decision Confirms Broad Protection of Well-known Marks
n Red Bull GmbH v Mavi Dunya Gida Dag Paz Tic Ltd Sti (December 12 2010), the Re-examination and Evaluation Board of the Turkish Patent Institute has held that there was a likelihood of confusion between the trademarks BULLDOZER ENERGY DRINK and RED BULL among the Turkish public. On February 16 2009 Mavi Dunya Gida Dag Paz Tic Ltd Sti, a company established in Turkey, filed an application to register the following figurative trademark in Class 32 of the Nice… »
Turkey: Turkish Natural Gas Market: A Progressing Opportunity
Introduction Natural gas does not have a long history in Turkey. The initial demand for natural gas consumption was miniscuie, starting at 0,5 bcm in 1987, and increased dramatically in the following years with a growing share of natural gas use in the production of electricity in Turkey. During the first years of Turkey’s acquaintance with natural gas, Petroleum Pipeline Corporation (“BOTAS”), which is a state owned company, conducted ail of the activities in this newly… »
Turkey: Turkish Electricity Market: Steps Towards Liberalization
INTRODUCTION Since 2001, Turkey has been in the process of liberalizing its electricity market. The ultimate purpose of this process is to create a fully liberalized system where the state acts only as a supervisory and regulatory authority instead of an investor in the market. Having a state monopoly in the electricity market for a long period of time, Turkey has made and still has to make considerable effort to achieve this ultimate purpose. In this respect, the state has… »
Turkey: Protection of “Well Known” Trademarks Which are not Registered in Turkey Within the Context Of Article 7/1(1) of the Decree Law No. 556
The widely accepted principle in respect to the legal status of Trademark Rights is the “territoriality principle” as is also the case for other intellectual Property Rights. The territoriality principle is also in effect under Turkish Trademark Law and it is regulated under the Decree Law Pertaining to the Protection of Trademarks numbered 556 (“Decree Law No. 556″). Accordingly, with Article 6 of the Decree Law No. 556 which states that “Protection for a trademark under… »
Amendments to Trademark Decree Law Enter Into Force
Law 5833, which amends Decree Law 556 on the Protection of Trademarks, entered into force on January 28 2009 upon its publication in the Official Gazette. The new law amends Articles 9 and 61 of the Decree Law. The new law aims to fill the gaps created by the January 5 2008 decision of the Constitutional Court, which annulled certain provisions of the Decree Law and came into force on January 5 2009. Trademark owners have claimed that the delay in enacting the amendments have… »
Major Changes to IP Rights Protection at Borders Introduced
Law 5911, which amended the Customs Law 4458, entered into force on October 7 2009. On the same day, the Customs Regulation was published in the Official Gazette. These pieces of legislation introduce major changes to the protection of IP rights at the borders. Law 5911 allows rights holders to file a single (online) application for the protection of their IP rights by all Turkish customs administrations. Previously, rights holders had to file an application with each customs… »